(i)
Public Inquiry into Disappearance of Individuals
a)
1
To determine whether these are cases of enforced disappearances1
as defined under the International Convention for Protection of all
Article 2 of International Convention for the Protection of All Persons from Enforced
Disappearance (ICPED) interprets «enforced disappearance» as the arrest, detention,
abduction or any other form of deprivation of liberty by agents of the State or by persons
or groups of persons acting with the authorization, support or acquiescence of the State,
followed by a refusal to acknowledge the deprivation of liberty or by concealment of the fate
or whereabouts of the disappeared person, which place such a person outside the protection
of the law.
S U H A K A M A N N U A L R EPOR T 2017
71
2
Following the submission of the complaint, the Commission conducted
several interviews of witnesses and made field visits as part of the
Commission’s closed investigation into the complaint. On 5 October, the
Commission formed a panel of inquiry comprising Commissioner Dato’ Mah
Weng Kwai, Commissioner Prof. Dato’ Dr. Aishah Bidin and Commissioner Dr.
Nik Salida Suhaila Nik Salleh, to conduct an inquiry into the disappearance
of the individuals. This is the first time the Commission conducted an inquiry
into a case related to the International Convention for Protection of all
Persons from Enforced Disappearances. The Panel of Inquiry is tasked with
the following Terms of Reference:
C H A P T E R
On 21 April, the Commission received a complaint from a group of civil
society organisations and the family members of the affected individuals
in the disappearance of Raymond Koh, Amri Che Mat and Joshua and his
wife, Ruth Hilmi. It was reported that Raymond Koh, the founder of Komuniti
Harapan and a former pastor, was kidnapped by a group of individuals
on 13 February 2017, and the incident was captured in CCTV recordings.
Amri Che Mat, a social activist of Perlis Hope, was reported missing since 24
November 2016 when he went out in the late evening and was intercepted
by a number of vehicles about 500 meters from his house. As for Joshua Hilmi
and his wife Ruth, known as Christian missionaries, they were discovered
missing since November 2016. The group was hoping that the Commission
could hold a public inquiry into the disappearance of the individuals as they
were concerned on the seemingly lack of response by the police to look
into the cases and the snail-pace progress of the cases. Several candle light
vigils were also organised by civil societies at several places in the country
to urge the authorities to take more serious and concerted efforts to find
the missing individuals.